Court completes special general review of Trump records in Mar-a-Lago

A three-judge panel ruled on Wednesday that a special foreman should not have been appointed to review materials seized by the FBI from former President Trump’s Mar-a-Lago estate.

The decision allows the Department of Justice to resume use of these materials as part of an investigation into whether Trump mishandled classified records and obstructed justice.

U.S. District Judge Eileen Cannon ordered the government not to use the materials during the review, which limited the department’s access to evidence during the investigation for several months.

During a brief debate at the 11th U.S. Circuit Court of Appeals in Atlanta last week, three judges proposed that Trump and his legal team, challenging a search warrant issued on his home long before charges were filed, wanted special treatment that no other American would have been given. They also stated that the case does not appear to remove the barrier to the appointment of a special master, a type of independent expert used in some court cases.

The judges also expressed concern that Judge Cannon’s decision to uphold would set a precedent that would allow others under investigation to ask the courts to limit law enforcement’s access to evidence before any indictments are made.

The 21-page unanimous ruling, passed Thursday, says Cannon abused her discretion to start the process and orders her to drop the case entirely.

“The law is clear. We cannot write a rule that allows any subject of a search warrant to block a government investigation after the execution of the warrant. Who can write a rule for us that allows only former presidents to do this,” the ruling says. “Any approach would be a radical change in our case law, limiting the involvement of federal courts in criminal investigations. Both would violate the fundamental constraints on the separation of powers.”

All three members of the 11th District commission were nominated by Republicans. Chief Justice William Pryor was appointed by former President George W. Bush. Judges Britt Grant and Andrew Brasher were appointed by Trump.

Trump has the option to try to appeal the decision to the Supreme Court.

Prior to the ruling, the special master delved deeply into the review process of more than 22,000 records seized by the FBI during a court-approved August hearing. eight search of Trump’s property in Florida. He asked the Justice Department and Trump’s lawyers to resolve issues over about 900 documents by Thursday.

Trump said most of the disputed documents are personal, not presidential records, which should have been transferred to the National Archives under the Presidential Records Act. The Justice Department maintains that the materials are still evidence, whether they are personal or presidential.

It was assumed that the initial check by a special master will be completed in mid-December.